151 East Post Road Corp. v. Eubanks

Appellate Division of the Supreme Court of New York

151 East Post Road Corp. v. Eubanks

38 A.D.3d 632, 830 N.Y.S.2d 670

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 2007

StatusPublished

This text of 38 A.D.3d 632 (151 East Post Road Corp. v. Eubanks) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

151 East Post Road Corp. v. Eubanks, 38 A.D.3d 632, 830 N.Y.S.2d 670 (N.Y. Ct. App. 2007).

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Opinion

In an action, in effect, to compel the defendants to satisfy a judgment entered against Jac-Val, LLC, a nonparty corporation, the defendants appeal from so much of an order of the Supreme Court, Westchester County (LaCava, J.), entered March 20, 2006, as denied their cross motion for summary judgment dismissing the complaint, and the plaintiff cross-appeals from so much of the same order as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We agree with the Supreme Court that there are issues of fact as to whether the plaintiff should be permitted to pierce the corporate veil of Jac-Val, LLC, a corporation against which it had obtained a judgment for unpaid rents, in order to hold the individual defendants personally liable for that judgment (see Berry Packing Corp. v Atlantic Veal Corp., 302 AD2d 417 [2003]; Board of Mgrs. of Regal Walk Condominium I v Community Mgt. Servs. of Staten Is., 226 AD2d 414 [1996]; Toroy Realty Corp. v Ronka Realty Corp., 113 AD2d 882 [1985]). Accordingly, neither party was entitled to summary judgment. Mastro, J.E, Rivera, Dillon and Garni, JJ., concur.

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In an action, in effect, to compel the defendants to satisfy a judgment entered against Jac-Val, LLC, a nonparty corporation, the defendants appeal from so much of an order of the Supreme Court, Westchester County (LaCava, J.), entered March 20, 2006, as denied their cross motion for summary judgment dismissing the complaint, and the plaintiff cross-appeals from so much of the same order as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We agree with the Supreme Court that there are issues of fact as to whether the plaintiff should be permitted to pierce the corporate veil of Jac-Val, LLC, a corporation against which it had obtained a judgment for unpaid rents, in order to hold the individual defendants personally liable for that judgment (see Berry Packing Corp. v Atlantic Veal Corp., 302 AD2d 417 [2003]; Board of Mgrs. of Regal Walk Condominium I v Community Mgt. Servs. of Staten Is., 226 AD2d 414 [1996]; Toroy Realty Corp. v Ronka Realty Corp., 113 AD2d 882 [1985]). Accordingly, neither party was entitled to summary judgment. Mastro, J.E, Rivera, Dillon and Garni, JJ., concur.

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Bluebook (online)

38 A.D.3d 632, 830 N.Y.S.2d 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/151-east-post-road-corp-v-eubanks-nyappdiv-2007.

Opinion

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